Request for endorsement under the NT DAMA

Request for endorsement under the NT DAMA

Important Information

By making this request to the Department of Trade, Business and Innovation (the Department) you are seeking the endorsement of the Northern Territory Government to be able to:

· access the Northern Territory Designated Area Migration Agreement (DAMA); and

· request to enter into a Labour Agreement with the Commonwealth of Australia (the Commonwealth).

This Department cannot require the Commonwealth to agree to enter into a Labour Agreement with you and will not be a party to any such Labour Agreement.

You understand and accept that the Department is under no obligation to endorse you for a Labour Agreement.

Applying for a Labour Agreement

A Labour Agreement is a legally binding agreement that will be made between you and the Commonwealth to allow you to sponsor overseas workers under the Subclass 482 visa program in circumstances where there is a genuine, significant demand for workers in a particular occupation(s) that cannot be met from within the Australian labour market, and that overseas workers could not otherwise be sponsored under the standard Subclass 482 visa arrangements or apply for another type of visa.

Further information regarding other visa options can be found at https://www.homeaffairs.gov.au/

What you will need to demonstrate

2.1 In order to request endorsement by this Department to access the DAMA you will need to complete the attached request form and provide the following information:

Good Corporate Citizen

A. Evidence that you have been actively operating for at least twelve months and are financially viable. You will need to provide:

· business documents, including for associated entities (if applicable) such as:

· your Business Registration Certificate;

· Australian Business Number (ABN);

· Australian Company Number (ACN) (if applicable);

· Trust Deed (if applicable); and

· recent financial accounts or BAS statements; and

· a letter of support from a registered Chartered Accountant or a Certified Practising Accountant confirming that you have been actively operating for at least twelve months and have the financial capacity to meet the migration obligations for the workers you wish to sponsor, for the proposed period that they will be employed by you. The letter must include the key financial data i.e. your turnover, net assets and profit/loss for the most recent financial year.

B. A statement confirming whether there have been relevant investigations or audits, resulting in an adverse finding to the business or any associated entities (including previously associated entities) in the last five years by bodies such as:

· the Office of the Fair Work Ombudsman, or former authority with this function, or relevant State or Territory government authority in relation to compliance with workplace relations provisions;

· the relevant State or Territory government authority in relation to compliance with occupational health and safety provisions; and

· the Department of Home Affairs (Home Affairs) in relation to compliance with migration provisions.

Information about any such investigations or audits will need to be provided with this request. Any other relevant adverse information should also be declared.

Read more about what to do if this applies to you in Adverse information and the Northern Territory Designated Area Migration Agreement

Valid need for overseas workers

C. An explanation (within the request form) regarding the number of overseas workers you will need, the roles they will fill and whether you are requesting any concessions to the standard Subclass 482 visa requirements. The available concessions are:

· English: The English language level may be reduced from the standard requirement to an average of 5 across the four IELTS components (reading, writing, speaking and listening) with speaking and listening components no less than 4.0 and no minimum core for the reading and writing components (unless registration or licensing requires a higher level of English). There are some DAMA occupations for which an English language concession is not available.

An acceptable level of English language level may also be demonstrated by:

· the applicant being a native English speaker holding a passport from one of the following countries: the United Kingdom, the Republic of Ireland, Canada, New Zealand or the United States of America;

· evidence that the applicant has completed at least five years of continuous full-time study in a secondary or higher education institution where instruction was conducted in English

· Minimum income: TSMIT concessions are available for some occupations under the NT DAMA. Following are the four (4) TSMIT concession types that may apply:

· Concession Option Type 1 (up to 10% concession to TSMIT)

The annual salary must be equal to or greater than 90 per cent of TSMIT (i.e. at least $48,510); or

· Concession Type 2 (up to 10% concession to TSMIT and the inclusion of non-monetary earnings(other))

The combined value of annual salary and non-monetary benefits other than food and board (e.g. phone, vehicle, flights) provided as part of the employment must be at least $48,510. The value of non-monetary benefits is capped at $4,851.

· Concession Option Type 3 (up to 10% concession to TSMIT and the inclusion of non-monetary earnings (food and board)

The combined value of annual salary and food and board provided as part of the employment must be at least $48,510. The value of food and board cannot exceed published homestay accommodation rates for the Northern Territory (https://nt.gov.au/learning/international-students-and-migrants/become-a-homestay-family).

· Concession Option Type 4 (up to 10% concession to TSMIT and the inclusion of non-monetary earnings (all)

The combined value of annual salary, food and board and other non-monetary benefits provided as part of employment must be at least $48,510. The value of food and board must not exceed published homestay accommodation rates for the Northern Territory (https://nt.gov.au/learning/international-students-and-migrants/become-a-homestay-family).

The value of non-monetary earnings other than food and board must not exceed $4,851.

Employers seeking access to a TSMIT concession will need to provide evidence that the salary and employment conditions being offered to an overseas worker are in line market rates in the Northern Territory.

The TSMIT concession are not be available for all occupations included in the DAMA.

Read more about occupations and concessions in Occupations and concessions relating to the Northern Territory Designated Area Migration Agreement

D. Evidence that the recruitment of overseas workers is only to supplement the Australian workforce and will not undermine employment and training opportunities for Australians. You will need to complete the domestic recruitment summary table (included at the back of the request for endorsement form showing that:

· you have made genuine efforts to recruit domestic workers in the nominated occupation and location over the past four months. This information should include:

· the types of advertising or recruitment efforts you have made in the last four months with respect to the relevant occupations;

· the locations and duration (including start and end dates) where those advertising or recruitment activities took place;

· the number of applications received;

· the number of applicants hired; and

· the general reasons why the other candidates were unsuccessful.

Recruitment activities undertaken must meet Department of Home Affairs Labour Market Testing (LMT) requirements as these apply to the subclass 482 visa.

You should also provide:

· details of any redundancies or retrenchments that have occurred in the last six months including any associated (including previously associated) entities for roles in the nominated occupation or similar occupations;

· details regarding how you will make ongoing efforts to reduce your reliance on overseas workers; and

· details of your current workforce including the number of Australian citizens / permanent residents, Subclass 482 visa holders and other temporary visa holders (including Subclass 457 visa holders).

Equal pay and conditions

E. Confirmation that the proposed terms and conditions of employment of the overseas worker(s) will be no less favourable than what would be provided to an Australian performing equivalent work in your workplace. If you do not already employ someone in the same position you will need to provide evidence of the market salary based on:

· pay rates from applicable enterprise agreements in the local region;

· applicable industry awards;

· data from reputable industry remuneration surveys (usually conducted by peak industry bodies or professional associations);

· Australian Bureau of Statistics earnings data; and

· job vacancy advertisements.

Such evidence is also required by the Department of Home Affairs at the time of nomination.

F. As well as being equivalent to, or higher than the base rate of pay (usually based on a 38 hour week unless varied by an award) must also be equal to or higher than the Temporary Skilled Migration Income Threshold (TSMIT) unless a concession has been negotiated (see 2.3 above). The TSMIT is currently $53,900 per annum.

G. Overseas workers must be engaged in accordance with applicable Australian workplace laws.

H. Additionally, the overseas worker(s) must be employed on a full-time basis as a direct employee and must be paid at least fortnightly.

I. The position to be filled must also be located in the Northern Territory. The overseas worker may be able to travel outside the Northern Territory for work-related reasons for short periods of time where this is consistent with the declared duties of the position. You must seek the agreement of this Department if the overseas worker will be outside of the Northern Territory for more than three out of twelve months.

Read more about market rates in the market rate requirement for Subclass 482 visa holders under the Northern Territory Designated Area Migration Agreement

Skills and skills assessments

J. You acknowledge that overseas workers sponsored under the DAMA must satisfy minimum skill requirements as prescribed by Australian and New Zealand Standard Classification of Occupations (ANZSCO) for the occupation, or skill requirements outlined on the NT Department of Trade, Business and Innovation NT DAMA website. Please note that the minimum qualifications and experience required under the DAMA may sometimes be higher than minimum levels specified in ANZSCO for the occupation.

K. You must also provide a statutory declaration stating:

· you or a member of your staff has interviewed or will interview the applicant;

· you or a member of your staff has reviewed and confirmed, or will review and confirm, the applicant’s experience and references;

· you are satisfied, or will be satisfied, that the applicant has the skills and experience for the role; and

· if a licence / registration is required for the applicant to work in the occupation in the Northern Territory, you undertake to ensure that the overseas employee will gain this licence / registration at the earliest possible time and before they commence employment in the Northern Territory. Overseas workers must commence employment within 90 days of their arrival in Australia on the Subclass 482 visa or if they are already in Australia, within 90 days of the Subclass 482 visa approval.

Read more about occupations and concessions in Factsheet 2: Occupations and concessions

Settlement information

L. You must undertake to provide the overseas worker with settlement information:

· prior to you engaging them, or

· if they are already working for you, prior to them lodging their Subclass 482 visa application, unless they have been living and working in the Northern Territory for at least 12 months prior to them lodging their visa application.

You can obtain a settlement information kit from the Department of Trade, Business and Innovation.

Sponsorship Obligations

M. You acknowledge you have read and understood your sponsorship obligations should Home Affairs enter into a Labour Agreement with you. Details can be found at: https://immi.homeaffairs.gov.au/visas/employing-and-sponsoring-someone/existing-sponsors

Checklist of information for DAMA endorsement request

Please note, your request for endorsement will not be considered if you have not provided all relevant attachments. We may request additional information. Please clearly label each attachment in separate pdf files and submit your request by email to migration@nt.gov.au.

This is the NT DAMA endorsement checklist table. Please tab through. Each item in the table is followed by a data entry cell. Overtype Yes / No values with your answer.

No.

Title

Attached?

1

Request for endorsement form

Yes / No

2

Form 956 (if represented by a Registered Migration Agent)

Yes / No / NA

3

Business registration documents (including Trust Deed if applicable)

Yes / No

4

Statutory declaration re adverse information

Yes / No

5

Recruitment summary information for each occupation (on table at the end of this document)

Yes / No

6

Copies of each advertisement placed

Yes / No

7

Breakdown of annual earnings for each occupation where TSMIT concessions are requested (on table at the end of this document)

Yes / No / NA

8

Financial statement for the last financial year, BAS statement for each quarter thereafter

Yes / No

Letter from your accountant confirming financial capacity

Yes / No

9

Organisation Chart less than 6 months old, and showing the requested positions

Yes / No

10

Job descriptions for each nominated positionMust state registration, or licensing requirements (if applicable)

Yes / No

11

Evidence that the nominee receives terms and conditions no less favourable than those provided to an Australian citizen or permanent resident.

If there is an Australian citizen or permanent resident in the same position: employment contract or recent payslips for an Australian employee in the same position

If there is no Australian citizen or permanent resident in the same position: industrial award, advertisements for similar positions with indicative salary, market salary reports from relevant and reputable sources.

Please provide this evidence for each nominated position

Yes / No

12

Template employment contract(s) outlining terms and conditions for each positionIf already employed in the role, payslips / time sheets

Yes / No

End of checklist

This is the request for endorsement to access a labour agreement under the DAMA form table. Please tab through. Each label in the table is followed by a data entry cell. Overtype Yes / No or Y / N values with your answer.

1.Your details

Business name / entity name

Trading name (if applicable)

Type of entity

Company

Y / N

Sole trader

Y / N

Partnership

Y / N

Trust

Y / N

Other (please specify)

ABN

ACN

Business address (head office) – if applicable

Contact address NT (all NT locations)

Postal address

Contact person in business

Contact person’s email

Contact person’s telephone

If a company, name of each director

Name of trust / trustee (if applicable)

Nature of employer’s operations (for example, Hospitality, Construction, Retail)

Period of time you have been operating in the Northern Territory

Do you already hold a Subclass 457 or Subclass 482 Standard Business Sponsorship approval? If yes, please provide a copy of the SBS approval letter

Yes / No

Has there been any adverse findings made against your organisation in relation to taxation, immigration or workplace laws?

Yes / No

If yes, please attach a statutory declaration confirming no adverse information or providing details of adverse information, and steps taken to rectify.

2.Representative contact details

2.1If you have been assisted by a Migration Agent in preparing this request, you must complete this section. Otherwise leave blank.

Name of registered migration agent

Migration agency name

Migration agent registration number (MARN)

Address

Telephone

Facsimile number

Email

3.Occupations, numbers and concessions

3.1Please set out how many overseas workers you would like to be able to sponsor under the DAMA in the next 12 months and what roles they would work in.

Temporary Skill Shortage (TSS) nominations

Occupation

ANZSCO code

Maximum number of nominations in Year one

TSMIT concession sought?

(if yes, specify which type: 1/2/3/4)

English concession sought

(Y/N)

Employer Nomination Scheme (ENS) nominations

Occupation

ANZSCO code

Maximum number of nominations in Year one

TSMIT concession sought?

(if yes, specify which type: 1/2/3/4)

English concession sought? (Y/N)

Age concession sought? - if nominee is between 45 and 50 years old

(Y/N)

3.2Please outline your current workforce profile, including any overseas workers already employed under the Subclass 457 or Subclass 482 Standard Business Sponsorship program and any temporary overseas workers (for example, Working Holiday Makers, Student visa holders with work rights, NZ nationals on a Subclass 444 visa etc.) and how you expect that profile might look at the end of the first year of your Labour Agreement.

Year

Australians (citizens and permanent residents)

Subclass 482 visa holders

Other temporary visa holders

(457 etc.)

Total workforce

Current

End of Year 1 of the Labour Agreement

Note: Employers can use the Visa Entitlement Verification Online tool (VEVO) to check the current visa status of their employees at: https://www.homeaffairs.gov.au/Busi/visas-and-migration/visa-entitlement-verification-online-(vevo)

3.3Please provide a brief explanation as to why the business requires access to the DAMA (e.g. requested occupations not eligible under standard programs, need for concessions), and explain the business’ need for the requested number of positions in the first 12 months. Please also explain how you will make ongoing efforts to reduce your reliance on overseas workers.

3.4Has the business or an associated entity of the business retrenched or made redundant, any employees in the requested occupations (or similar occupations) in the last six months?

Yes / No

If yes, please provide details

4.Conditions of endorsement and other matters

4.1 You understand that it is a criminal offence in the Northern Territory to make a false or misleading statement to an official.

4.2 You understand and accept that any endorsement by the Department is only an endorsement to make a request to Home Affairs for a Labour Agreement under the DAMA and is not an endorsement by the Department of you or any business or activity you carry on in any other respect, or of the individuals you apply to sponsor on a Subclass 482 visa under a Labour Agreement.

4.3 You understand and accept that endorsement by the Department is discretionary and may be revoked in the event that the Department (in its absolute discretion) is no longer satisfied that you should be able to access overseas workers under the Northern Territory’s DAMA.

4.4 Revocation of endorsement will be notified to Home Affairs and you accept that the Department will not be liable to compensate you for any costs, loss or damage that may arise from such revocation.

4.5 You warrant that the information referred to in this request and any attachments:

(a) is true and correct, and

(b) is complete and is not misleading in any respect, and

(c) you acknowledge that this information has been relied on by the Department in considering this request.

4.6 Where a migration agent has been appointed to represent the business, you acknowledge that the application, including supporting documents have been provided with your full knowledge and consent.

4.7 You will notify the Department as soon as you become aware that any information or documents provided with this request have changed or are no longer true and correct. You acknowledge that this obligation applies until the expiry of any Labour Agreement entered into by you under the DAMA.

4.8 This request and any endorsement does not:

(a) constitute a partnership or joint venture between the parties; or

(b) except as expressly provided, make a party an agent of another party for any purpose.

4.9 If the Department must fulfil an obligation to Home Affairs and the Department is dependent on you to be able to do so, then you must do each thing reasonably within your power to assist the Department in the performance of that obligation.

4.10 You undertake to provide nominees with the settlement package (obtained from DTBI) prior to lodging the associated nomination applications.

4.11 If the employer is constituted by more than one legal entity (such as a partnership or an unincorporated association), each of those legal entities will be jointly and severally liable for the performance of any conditions arising as a result of the endorsement.

4.12 You agree to provide any and all information required by the Department to fulfil its obligations under the DAMA (including but not limited to, any updated information regarding the business, its workforce and evidence of its ongoing compliance with the obligations under the Labour Agreement) within 28 days of such a request being made.

4.13 You acknowledge that the Department may be required, from time to time, to provide information that you have included in this request or pursuant to clause 5.10, in part or entirety, to Home Affairs and you consent to this disclosure of information.

4.14 You acknowledge that you have read and understood the attached information referred to in this document, including a copy of the proforma Labour Agreement from Home Affairs and have sought independent advice regarding the contents and your ability to meet the requirements of the Labour Agreement.

4.15 You acknowledge that you have not relied on any statement or representation (express or implied) made or advice given by or on behalf of the Department in entering into the Labour Agreement or taking or failing to take any action in connection with the Labour Agreement.

4.16 You understand and accept that the Department and/or the Northern Territory has no liability to you for any costs, loss or damage incurred or suffered by you directly or indirectly arising from or in connection with:

(a) your request for or entry into a Labour Agreement; or

(b) anything done by you, or on your behalf, relating to the entry into or the performance of the Labour Agreement; or

(c) anything done to you relating to the entry into or the performance of the Labour Agreement or work performed by employees employed following entry into the Labour Agreement.

5. Information Privacy Principles acknowledgements

In accordance with the Northern Territory Information Privacy Principles:

5.1 You acknowledge on behalf of your business described in clause 1 of this application (Business) that the collection of the personal information contained in this application is necessary for the functions and activities of Migration NT;

5.2 You acknowledge on behalf of your Business that the Business is entitled to have reasonable access to the personal information contained in this application after it has been lodged with Migration NT but that Migration NT shall always be entitled to keep the documents provided;

5.3 You acknowledge on behalf of your Business that Migration NT is collecting the personal information in the business’ application for the following purposes:

(a) considering the merits of the application;

(b) verifying the accuracy of the contents of the application (including through contacting third parties regarding the application);

(c) complying with relevant reporting requirements;

(d) compiling statistics (or engaging a third party to compile such statistics);

(e) participating in Northern Territory Government and national surveys; and

(f) complying with its obligations to any other Commonwealth or Territory government agency.

5.4 In carrying out this purpose you acknowledge and agree on behalf of your Business that Migration NT may disclose the personal information (including sensitive personal information if any) in the Business’ application to:

(a) governmental agencies within the Northern Territory Government;

(b) Commonwealth Government agencies; and

(c) any other person that referred to in your application (Third Parties).

5.5 You acknowledge on behalf of your business that if you do not sign this application or if your Business does not provide the required personal information in its application, Migration NT may reject the application.

5.6 On behalf of the Business, you authorise the Northern Territory Government (through Migration NT) to:

(a) use the information provided within the application to make necessary inquiries with Third Parties to verify claims provided in the application;

(b) provide the application, including supporting documentation to the Third Parties for further consideration;

(c) retain the application and supporting documents as per Northern Territory Government policies and standards; and

(d) utilise the information provided for data collection and reporting purposes.

Signature

Dated

Signed by

Name

Signature

Position

Witness

Name

Signature

Position

Do not complete this part

Approved

Yes / No

Rejected

Yes / No

Dated

Signed by

Name

Signature

Position

End of form

Request for endorsement under the NT DAMA

Request for endorsement under the NT DAMA

DEPARTMENT OF Trade, Business and Innovation

Page 1 of 15July 2019

DEPARTMENT OF Trade, Business and Innovation

July 2019

Page 13 of 15

Summary of recruitment efforts for each occupation

Add multiple tables if there is insufficient space on this page to include details of all occupations requested. Please delete the examples provided below.

This is the occupations requested under the NT DAMA table. Please tab through. Each label in the table is at the top of the column with blank rows for each entry. The first data entry row is an example and should be deleted.

ANZSCO or 6 digit code

Occupation

List all platforms (at least 2) where each position was advertised in the last 4 months for the occupation.

Dates of each advertisement being published (must be at least 28 days)

Fee/s paid for advertising or recruitment

Number of applications received

Number of applicants that were hired

Reasons that candidates were not successful

Example data

www.seek.com.au,

www.indeed.com.au

Seek: 1/5/19 – 1/6/19

Indeed: 1/5/19-1/6/19

Yes ($...)

Indeed: Nil

10

1

Did not have required experience; did not meet selection criteria

End of form

Request for endorsement under the NT DAMA

DEPARTMENT OF Trade, Business and Innovation

July 2019

Page 14 of 15

Breakdown of total annual earning for each occupation

Please provide a table for each occupation for which you have requested TSMIT concessions. Do not complete this for occupations for which you are not requesting a TSMIT concession.

This is the breakdown of total annual earnings for each occupation table. Please tab through. Each label in the table is followed by a data entry cell.

Occupation:

Monetary earnings ($)

Non-monetary earnings (food and board) ($)

(Cannot exceed published NT home stay rates. Please refer to

https://nt.gov.au/learning/international-students-and-migrants/become-a-homestay-family )

Other non-monetary earnings ($)

(Capped at $4,851)

Total non-monetary earnings ($)

Total annual earnings ($)

(Must be greater than $48,510)

End of form

DEPARTMENT OF Trade, Business and Innovation

July 2019

Page 15 of 15